InterLibrary Loan (ILL) Copyright Policy

Topics Covered

General Copyright Statement Regarding ILL

Copyrighted materials made available via Interlibrary Loan (ILL) services are for the use of Gettysburg College faculty, students and staff to support the research and educational functions of the college. The use of copyrighted materials in all formats, including the creation, online delivery, and use of digital copies of copyrighted materials requested via ILL must be in compliance with U.S. copyright law and the policy outlined herein.

Gettysburg College Library also provides interlibrary lending services to other libraries. These lending services must likewise be in compliance with U.S. copyright law and the policy outlined herein.

ILL and U.S. Copyright Law

The copyright activities of ILL are governed primarily by Section 108 of the U.S. copyright law (Limitations on exclusive rights: reproduction by libraries and archives). In particular, the National Commission on New Technological Uses of Copyrighted Works, CONTU, developed guidelines "to assist librarians and copyright proprietors in understanding the amount of photocopying for use in interlibrary loan arrangements permitted under the copyright law" especially regarding issues of "systematic reproduction". The CONTU guidelines are the basis for the limits on reproduction.

In some cases, the provisions of Section 107 (fair use) may also be applied to ILL activities.

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What May Be Copied

The following may be copied and distributed through interlibrary loan:

  • Entire works or sections of works that are in the public domain
  • Entire works or sections of works by the U.S. government
  • Entire works or sections of works used with permission from the copyright holder
  • Entire works or sections of works used under the provisions of Section 108
  • Portions of books, journal issues, and other print resources that meet a reasonable determination of fair use
  • Works used under the provisions of a contract or license agreement; such agreements may differ from, and often take precedence over, what is allowed under copyright law
  • Copyrighted works owned by the Gettysburg College or another library, where the library has first determined, on the basis of a reasonable investigation, that the copyrighted work cannot be obtained at a fair price.

Library staff reserve the right to refuse or otherwise limit requests if, in their judgment, the requested materials and/or intended use would exceed fair use or otherwise constitute copyright infringement.

 

The following standards will be applied when copying copyrighted materials for interlibrary loan services.

User's Responsibilities

The user is the library patron: student, instructor, researcher, etc.

  • Users should request copies of copyrighted works only to serve personal study, scholarship, or research needs.
  • Users should request only the amount of material needed.
  • Copies of copyrighted materials made available through interlibrary loan services become the property of the user and should not be reproduced for further distribution, except where there is a reasonable determination of fair use.

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Borrowing Library's Responsibilities

Gettysburg College is the "borrowing library" when it obtains materials for its patrons.

  • The library will not request and distribute copies of copyrighted works if it has notice that the copy will be used for anything other than private study, scholarship, or research purposes.
  • Library staff will not knowingly engage in related replication or distribution of multiple copies of the same material, except where there is a reasonable determination of fair use.
  • In response to a request to copy an entire textual work or substantial part thereof, the library will conduct a reasonable investigation to conclude that a copy cannot be obtained at a fair market price.
  • Library staff will determine and indicate copyright compliance on all requests transmitted for interlibrary borrowing.
  • A "Warning Concerning Copyright Restrictions" will be prominently displayed on all request forms and where requests are received.

Library staff reserve the right to refuse or otherwise limit requests if, in their judgment, the requested materials and/or intended use would exceed fair use or otherwise constitute copyright infringement.

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Lending Library's Responsibilities

Musselman Library is the "lending library" when it provides materials for other libraries.

  • The Musselman Library's ILL service will not make and distribute copies of copyrighted works if it has notice that the copy will be used for anything other than private study, scholarship, or research purposes.
  • Determination of overall copyright compliance for requests from other libraries is the responsibility of the requesting library. Musselman Library will only fulfill requests that indicate copyright compliance.
  • Copies made as part of Musselman Library's ILL service will display the appropriate copyright notice.

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Content in this page was used or adapted with permission from one or more institutions. Please see acknowledgements.